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| Public Act 097-1056 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Internet Dating Safety Act. | ||||
Section 2. Findings, declarations. | ||||
The Legislature finds and declares that residents of this | ||||
State need to be informed of the potential risks of | ||||
participating in Internet dating services. There is a public | ||||
safety need to disclose whether criminal history background | ||||
screenings have been performed and to increase public awareness | ||||
of the possible risks associated with Internet dating | ||||
activities. The primary purpose of this Act is to enhance the | ||||
safety of individuals who use an Internet service to facilitate | ||||
dating. | ||||
The offer of Internet dating services to residents of this | ||||
State, and the acceptance of membership fees from residents of | ||||
this State means that an Internet dating service is conducting | ||||
business in this State and is subject to regulation by this | ||||
State and the jurisdiction of the State's courts. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Criminal background screening" means a name search for a | ||||
person's criminal convictions initiated by an on-line dating | ||
service provider and conducted by:
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(1) searching available and regularly updated | ||
government public record databases for criminal | ||
convictions so long as such databases, in the aggregate, | ||
provide substantial national coverage; or
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(2) searching a database maintained by a private vendor | ||
that is regularly updated and is maintained in the United | ||
States with substantial national coverage of criminal | ||
history records and sexual offender registries.
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"Internet dating service" means a person or entity in the | ||
business, for a fee, of providing dating, romantic | ||
relationship, or matrimonial services principally on or | ||
through the Internet.
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"Member" means a customer, client, or participant who | ||
submits to an Internet dating service information required to | ||
access the service for the purpose of engaging in dating, | ||
relationship, compatibility, matrimonial, or social referral.
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"Illinois member" means a member who provides an Illinois | ||
billing address or zip code when registering with the service.
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"Criminal conviction" means a conviction for any crime | ||
including but not limited to any sex offense that would qualify | ||
the offender for registration pursuant to the Sex Offender | ||
Registration Act or under another jurisdiction's equivalent | ||
statute.
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Section 10. Requirements for Internet dating services. | ||
(a) An Internet dating service offering services to | ||
Illinois members shall provide a safety awareness notification | ||
to all Illinois members that includes, at a minimum, a list and | ||
description of safety measures reasonably designed to increase | ||
awareness of safer dating practices as determined by the | ||
service. | ||
Examples of such notifications include, but are not limited | ||
to: | ||
(1) "Anyone who is able to commit identity theft can | ||
also falsify a dating profile."
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(2) "There is no substitute for acting with caution | ||
when communicating with any stranger who wants to meet | ||
you."
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(3) "Never include your last name, e-mail address, home | ||
address, phone number, place of work, or any other | ||
identifying information in your Internet profile or | ||
initial e-mail messages. Stop communicating with anyone | ||
who pressures you for personal or financial information or | ||
attempts in any way to trick you into revealing it."
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(4) "If you choose to have a face-to-face meeting with | ||
another member, always tell someone in your family or a | ||
friend where you are going and when you will return. Never | ||
agree to be picked up at your home. Always provide your own | ||
transportation to and from your date and meet in a public | ||
place with many people around."
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(b) If an Internet dating service does not conduct criminal | ||
background screenings on its members, the service shall | ||
disclose, clearly and conspicuously, to all Illinois members | ||
that the Internet dating service does not conduct criminal | ||
background screenings. The disclosure shall be provided in two | ||
or more of the following forms: when an electronic mail message | ||
is sent or received by an Illinois member, in a "click- | ||
through" or other similar presentation requiring a member from | ||
this State to acknowledge that they have received the | ||
information required by this Act, on the profile describing a | ||
member to an Illinois member, and on the website pages or | ||
homepage of the Internet dating service used when an Illinois | ||
member signs up. A disclosure under this subsection shall be in | ||
bold, capital letters in at least 12-point type.
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(c) If an Internet dating service conducts criminal | ||
background screenings on all of its communicating members, then | ||
the service shall disclose, clearly and conspicuously, to all | ||
Illinois members that the Internet dating service conducts a | ||
criminal background screening on each member prior to | ||
permitting an Illinois member to communicate with another | ||
member. The disclosure shall be provided on the website pages | ||
used when an Illinois member signs up. A disclosure under this | ||
subsection shall be in bold, capital letters in at least | ||
12-point type.
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(d) If an Internet dating service conducts criminal | ||
background screenings, then the service shall disclose whether | ||
it has a policy allowing a member who has been identified as | ||
having a criminal conviction to have access to its service to | ||
communicate with any Illinois member; shall state that criminal | ||
background screenings are not foolproof; that they may give | ||
members a false sense of security; that they are not a perfect | ||
safety solution; that criminals may circumvent even the most | ||
sophisticated search technology; that not all criminal records | ||
are public in all states and not all databases are up to date; | ||
that only publicly available convictions are included in the | ||
screening; and that screenings do not cover other types of | ||
convictions or arrests or any convictions from foreign | ||
countries.
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Section 15. Unlawful practices for Internet dating | ||
services. It is an unlawful practice under the Consumer Fraud | ||
and Deceptive Business Practices Act for an Internet dating | ||
service to fail to provide notice or falsely indicate that it | ||
has performed criminal background screenings in accordance | ||
with this Act. | ||
Section 20. No violation to serve as intermediary. An | ||
Internet service provider or website hosting service does not | ||
violate this Act as a result of serving as an intermediary for | ||
the transmission of electronic messages between members of an | ||
Internet dating service. | ||
Section 90. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by adding Section 2MMM as follows: | ||
(815 ILCS 505/2MMM new) | ||
Sec. 2MMM. Internet dating safety. It is an unlawful | ||
practice under this Act for an Internet dating service to fail | ||
to provide notice or falsely indicate that it has performed | ||
criminal background screenings in accordance with the Internet | ||
Dating Safety Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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